Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Proposed Rules 87967 

(1) OMB will not require a requester 

to make an advance payment, i.e., 

payment before work is commenced or 

continued on a request, unless OMB 

estimates or determines that allowable 

charges that a requester may be required 

to pay will exceed $250 or the requester 

has previously failed to make a payment 

due within 30 days of billing. 

* * * * * 

Shraddha A. Upadhyaya, 

Associate General Counsel, Office of 

Management and Budget. 

[FR Doc. 2023–27473 Filed 12–19–23; 8:45 am] 

BILLING CODE 3110–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 50 and 52 

[NRC–2023–0216] 

Draft Regulatory Guide: Installation, 

Inspection, and Testing for Class 1E 

Power, Instrumentation, and Control 

Equipment at Production and 

Utilization Facilities 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft guide; request for 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft regulatory guide (DG), 

DG–1419, ‘‘Installation, Inspection, and 

Testing for Class 1E Power, 

Instrumentation, and Control 

Equipment at Production and 

Utilization Facilities.’’ This DG is 

proposed Revision 1 to Regulatory 

Guide (RG) 1.30, ‘‘Quality Assurance 

Requirements for the Installation, 

Inspection, and Testing of 

Instrumentation and Electric Equipment 

(Safety Guide 30).’’ DG–1419 describes 

an approach that is acceptable to the 

NRC staff to meet the regulatory 

requirements for installation, 

inspection, and testing for Class 1E 

power, instrumentation, and control 

equipment at production and utilization 

facilities. 

DATES: Submit comments by January 19, 

2024. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0216. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individuals listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• Mail Comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Darrell Murdock, Office of Nuclear 

Regulatory Research, telephone: 301– 

415–1591; email: Darrell.Murdock@

nrc.gov and Michael Eudy, Office of 

Nuclear Regulatory Research, telephone: 

301–415–3104; email: Michael.Eudy@

nrc.gov. Both are staff of the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2023– 

0216 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0216. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. The ADAMS 

accession number for each document 

referenced (if it is available in ADAMS) 

is provided the first time that it is 

mentioned in this document. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2023–0216 in your 

comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Additional Information 

The NRC is issuing for public 

comment a DG in the NRC’s ‘‘Regulatory 

Guide’’ series. This series was 

developed to describe methods that are 

acceptable to the NRC staff for 

implementing specific parts of the 

agency’s regulations, to explain 

techniques that the staff uses in 

evaluating specific issues or postulated 

events, and to describe information that 

the staff needs in its review of 

applications for permits and licenses. 

The DG, entitled ‘‘Installation, 

Inspection, and Testing for Class 1E 

Power, Instrumentation, and Control 

Equipment at Production and 

Utilization Facilities,’’ is temporarily 

identified by its task number, DG–1419 

(ADAMS Accession No. ML23222A182). 

This DG is proposed Revision 1 to RG 

1.30 (also known as Safety Guide 30) 

and describes an approach that is 

acceptable to the NRC staff to meet the 

regulatory requirements for installation, 

inspection, and testing for Class 1E 

power, instrumentation, and control 

equipment at production and utilization 

facilities. DG–1419 endorses, with a 

clarification, Institute of Electrical and 

Electronics Engineers (IEEE) Standard 

(Std) 336–2020, ‘‘IEEE Recommended 

Practice for Installation, Inspection, and 


ddrumheller on DSK120RN23PROD with PROPOSALS1
87968 Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Proposed Rules 

Testing for Class 1E Power, 

Instrumentation, and Control 

Equipment at Nuclear Facilities.’’ DG– 

1419 also removes all quality assurance 

(QA) requirements from RG 1.30 and 

addresses the requirements of a QA 

program for design and construction in 

RG 1.28, Revision 6, ‘‘Quality Assurance 

Program Criteria (Design and 

Construction),’’ (ADAMS Accession No. 

ML23177A002), and for operation in RG 

1.33, Revision 3, ‘‘Quality Assurance 

Program Requirements (Operation),’’ 

(ADAMS Accession No. ML13109A458). 

The staff is also issuing for public 

comment a draft regulatory analysis 

(ADAMS Accession No. ML23235A321). 

The staff developed a regulatory 

analysis to assess the value of issuing or 

revising a regulatory guide as well as 

alternative courses of action. 

As noted in the Federal Register on 

December 9, 2022 (87 FR 75671), this 

document is being published in the 

‘‘Proposed Rules’’ section of the Federal 

Register to comply with publication 

requirements under 1 CFR chapter I. 

III. Backfitting, Forward Fitting, and 

Issue Finality 

Issuance of DG–1419, if finalized, 

would not constitute backfitting as 

defined in section 50.109 of title 10 of 

the Code of Federal Regulations (10 

CFR), ‘‘Backfitting,’’ and as described in 

NRC Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests’’; affect issue finality of any 

approval issued under 10 CFR part 52, 

‘‘Licenses, Certificates, and Approvals 

for Nuclear Power Plants’’; or constitute 

forward fitting as defined in MD 8.4, 

because, as explained in DG–1419, 

licensees would not be required to 

comply with the positions set forth in 

DG–1419. 

IV. Submitting Suggestions for 

Improvement of Regulatory Guides 

A member of the public may, at any 

time, submit suggestions to the NRC for 

improvement of existing RGs or for the 

development of new RGs. Suggestions 

can be submitted on the NRC’s public 

website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ 

contactus.html. Suggestions will be 

considered in future updates and 

enhancements to the ‘‘Regulatory 

Guide’’ series. 

Dated: December 14, 2023. 

For the Nuclear Regulatory Commission. 

Stephen M. Wyman, 

Acting Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2023–27961 Filed 12–19–23; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2510 

RIN 1210–AC16 

Definition of ‘‘Employer’’—Association 

Health Plans 

AGENCY: Employee Benefits Security 

Administration, Department of Labor. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

rescind the Department of Labor’s 

(Department or DOL) 2018 rule entitled 

‘‘Definition of Employer—Association 

Health Plans’’ (2018 AHP Rule). The 

2018 AHP Rule establishes an 

alternative set of criteria from those set 

forth in the Department’s pre-rule 

guidance for determining when a group 

or association of employers is acting 

‘‘indirectly in the interest of an 

employer’’ under section 3(5) of the 

Employee Retirement Income Security 

Act of 1974 (ERISA) for purposes of 

establishing an association health plan 

(AHP) as a multiple employer group 

health plan. The 2018 AHP Rule’s 

alternative criteria were set aside in 

large part by the U.S. District Court for 

the District of Columbia in New York v. 

United States Department of Labor. The 

district court found the bona fide 

association and working owner 

provisions in the rule to be an 

unreasonable interpretation of ERISA, 

inconsistent with congressional intent 

that ERISA applies to employee benefits 

arising out of employment relationships. 

The Department, after further review of 

the relevant statutory language, judicial 

decisions, and pre-rule guidance, and 

further consideration of ERISA’s 

statutory purposes and related policy 

goals, now proposes to rescind in full 

the 2018 AHP Rule in order to resolve 

and mitigate any uncertainty regarding 

the status of the standards that were set 

under the 2018 AHP Rule, allow for a 

reexamination of the criteria for a group 

or association of employers to be able to 

sponsor an AHP, and ensure that 

guidance being provided to the 

regulated community is in alignment 

with ERISA’s text, purposes, and 

policies. 

DATES: Comments are due on or before 

February 20, 2024. 

ADDRESSES: You may submit written 

comments, identified by RIN 1210– 

AC16, by one of the following methods: 

Federal eRulemaking Portal: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

To facilitate receipt and processing of 

comments, the Department encourages 

interested parties to submit their 

comments electronically. 

Mail: Office of Regulations and 

Interpretations, Employee Benefits 

Security Administration, Room N–5655, 

U.S. Department of Labor, 200 

Constitution Ave. NW, Washington, DC 

20210, Attention: Proposed Rescission 

of AHP Final Rule RIN 1210–AC16. 

Instructions: All submissions must 

include the agency name and Regulatory 

Identifier Number (RIN) for this 

rulemaking. Any comment that is 

submitted will be shared with the 

Internal Revenue Service (IRS). If you 

submit comments electronically, do not 

submit paper copies. Comments will be 

available to the public, without charge, 

online at https://www.regulations.gov 

and https://www.dol.gov/agencies/ebsa 

and at the Public Disclosure Room, 

Employee Benefits Security 

Administration, Suite N–1513, 200 

Constitution Ave. NW, Washington, DC 

20210. 

Warning: Do not include any 

personally identifiable or confidential 

business information that you do not 

want publicly disclosed. Comments are 

public records posted on the internet as 

received and can be retrieved by most 

internet search engines. 

Docket: Go to the Federal 

eRulemaking Portal at https://

www.regulations.gov for access to the 

rulemaking docket, including any 

background documents and the plainlanguage summary of the proposed rule 

of not more than 100 words in length 

required by the Providing 

Accountability Through Transparency 

Act of 2023. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Adelman, Office of Regulations 

and Interpretations, Employee Benefits 

Security Administration, U.S. 

Department of Labor, (202) 693–8500 

(this is not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Definition of Employer Under Section 

3(5) of ERISA 

ERISA regulates ‘‘employee benefit 

plans’’ (classified as ‘‘employee welfare 

benefit plans’’ and ‘‘employee pension 

benefit plans’’), and generally preempts 

State laws that relate to or have a 


ddrumheller on DSK120RN23PROD with PROPOSALS1